Effect of Unilateral Contract Assignment Questioned

Dec.13.2010

In Kellogg Brown & Root Servs., Inc. (Nov. 23, 2010), the government sought dismissal of a claim under a contract that the U.S. Army Corps of Engineers had awarded to KBR and subsequently transferred to the Coalition Provisional Authority for administration. The ASBCA acknowledged that the CPA is not an agency subject to the CDA, but found a genuine issue of material fact as to whether KBR had agreed to the contract assignment and, thereby, had relinquished all rights and recourse against USACE.